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Definition

OSHA Compliance Directive CPL 02-02-079OSHA defines a Foreseeable Emergency as any reasonably anticipated occurrence in the workplace use of the chemical such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace. Employee exposures in the event of an accidental fire are not considered a foreseeable emergency.

Additional Info

Determining potential foreseeable emergencies is a key part of the hazard classification process. When performing a hazard classification, one must assess, consider, and classify all chemical or physical hazards to determine if there are hazards that must be communicated to workers under 29 CFR 1910.1200, the OSHA Hazard Communication Standard.

If there is potential for worker exposure to one or more hazards "during the workplace's normal operating conditions and in foreseeable emergencies", those must be communicated to employees through a written hazard communication program, labels and other forms of warning, Safety Data Sheets, and employee information and training. Exposure includes any route of entry (inhalation, ingestion*, skin contact, or absorption) and includes potential (accidental or possible) exposure.

Note 1: Ingestion is an unlikely route of entry in both normal conditions of use and an emergency situation. For example, OSHA's 1984 version of the HazCom Standard (now obsolete) explicitly indicated that ethanol would not need to be listed as a carcinogenic hazard on a label because the hazard only exists through regular consumption.

Note 2: A chemical or physical hazard is an intrinsic property of a material - it exists regardless of the amount of material present. For example, a material is either flammable or it is not. See What is the minimum amount of material that requires an SDS? in our SDS FAQ.

The foreseeable emergency determination may depend on the intended use or workplace. For example, inert gases such as nitrogen are classified as a simple asphyxiants. If these are normally used in a small room or transported in an enclosed vehicle, then the accidental creation of an oxygen-deficient atmosphere is a foreseeable emergency. But if they are used in a large warehouse or are only transported on open trucks where any accidental release would present no hazard, then asphyxiation is not a foreseeable emergency. Of course, compressed gases still have other physical hazards.

Similarly, lithium-ion batteries can present a foreseeable leak or spill hazard depending on the frequency and manner of use in a particular workplace, per this December 01, 2022 OSHA Interpretation letter:

End-use products that contain an integrated, non-user-accessible Li-ion battery or battery pack that meet the definition of an "article" would be exempt from the HCS as an article under 29 § CFR 1910.1200(b)(6)(v). If, however, an employee accesses the integrated, non-user-accessible Li-ion battery or battery pack to perform such a task as manufacturing, maintenance, or recycling, the HCS would be applicable and require the employer to have available an SDS and provide appropriate training to exposed workers.

OSHA's Recommended Practices for Safety and Health Programs (see the first link in Further Reading below) suggests identifying foreseeable emergency scenarios and nonroutine tasks, taking into account the types of material and equipment in use and the location within the facility. The following sorts of scenarios can be considered foreseeable scenarios:

• Fires and explosions (note that while the definition above excludes accidental fires as foreseeable, any work with flammable, hypergolic, pyrophoric, water reactive etc. materials pose obviously foreseeable fire and explosion hazards).
• Chemical releases.
• Hazardous material spills.
• Startups after planned or unplanned equipment shutdowns.
• Non-routine tasks, such as infrequently performed maintenance activities.

SDS Relevance

While the phrase foreseeable emergency does not typically appear on a Safety Data Sheets, the concept is key in determining whether an SDS is required. The mere presence of a hazardous chemical in the workplace does not trigger coverage under the HCS. There must be actual or potential exposure to an employee.

The intent of the "normal operating conditions and in foreseeable emergencies" phrasing is to cover all possible and predictable workplace exposures. This OSHA Interpretation letter dated December 12, 1990 sums this up nicely:

The chemical manufacturer must consider potential exposures, including accidental or possible exposures that may occur when downstream employees use the product. Only by considering all the exposure scenarios that may occur during normal use can the manufacturer truly assess the hazards encountered during anticipated use of his product. Equipment failure that results in the accidental overheating of the product is certainly an exposure scenario that should be anticipated by a manufacturer during his hazard determination process.

Further Reading

• Recommended Practices for Safety and Health Programs from OSHA is available in English and Spanish and is chock full of useful information. There is also a version for Construction.
• Identifying Hazards in Non-Routine Work & Emergencies a blog post at COVE.
• A September 21, 2016 OSHA Memorandum reiterating OSHA's interpretation of "exposed under normal conditions of use or in a foreseeable emergency".
• Workplace Preparedness: Expecting the Unexpected at Engage for Success.
• 10 tips for starting a workplace safety and health program at Safety+Health Magazine.

See also: Action level, ALARA.

Additional definitions from Google and OneLook.

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Disclaimer: The information contained herein is believed to be true and accurate, however ILPI makes no guarantees concerning the veracity of any statement. Use of any information on this page is at the reader's own risk. ILPI strongly encourages the reader to consult the appropriate local, state and federal agencies concerning the matters discussed herein.